:dourse there can be no extraterritorial o'ipera.non of a' United. States statute' as to the discharge .of pers6liaJ obligation. 'when theinttaterritorial litw has granted,.such.a discharge as to all creditors, the foreign' creditorauing hi the 11iouoal· issnbject to the 'leat fori, his right to Bue'is suit had a dllrUse.. of .uependent thateim. The plaintiff in against "the' defendant: "The plairitiff was a. nO:!i-reBi· and citizen of SpaIn, as such jttd'ginent. But defendant availed himself ,of pri>visionsi of the bankrupt act under which the plaintiff could, by! pt0pe.r proceedings, have' proved hi$ denisndaind: 'shared in dividends rilaue.:'!Ie elected not/to and therefore·his demand is diRcharged' as to· this defendant, ao'far 1lJl·the United:Stlttes JaJwoperates; that' lis,' 'WTthini theterritortal Ltl1e 'United 'States.· The ilJ; :v.alid,; in the dhsenoe of fraud} indwhatatet; cdutt the. United. 'is brought, aithough': it' may not'ptritectthe :defelldant rromalmit brought itNlj,fore'ign jurisdiction;, if he' shoulli be found therein. The dem:un..e.t ttifthia special answer of)'lEick.. efman is Jl! J 'i
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W, D. JWisoon,in. January 26, 1881.)
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A discharge :from all d,etM. by of,cqmpoaition proceedings.is a discharge!/yitl1in the meaJ;lipg Of section 5116 of the Revised Statutes rel8;tingto the ofa voluntary bankrupt.-[ED. " ..
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In Banklluptoy. Applietttibn for 'RUjUB B. forbll.hkiiipt. ' ), ;I:.ewi8,r--euiis: 'c1; Halt) ful'lhoeditol'f! objecting. ::' j , 111 I" BtiNN, Dr;;( ';Ftom thtlfstipul'8ttion of facts in thifl da!l'Milt appears ,that the"'bankrtlptdiledhis voluntary 'petiticiln 'in bankruptb'y;\ 'and waS ai·bitllkrUpt; and·hl.ts paid a fracti011:over 15 pm." !hil'l,dehts,lbut ihas obtained-the
consent in writing of a majority in number and value of his creditors. to· his discharge. It ftlso appears that on a former occasion, in 1877" and prior to the filing of the: pe.tition and adjwlication in the) biJ,nkrnpt and Q:Qe Ma;rtin Madson,as, copartnerEl., doing business .under thejirm name Qf J. Bjoxnatad &CQ·· 1iled· their petition in this co.urt to be declared hankr:m.pts. !tnd .under and as a· part of the in that, ca!>e thflY. optllined ft.. composition with thejr creditors, whic4 WI1S COiUfirmell. J:>y order of the court on April10j 1877. ' , . 1 ; , if The questionnowj,on. for a dischMge, is the case 'COlD,eS :withirJ;, Q,lJ,6. Be-v. St.; which isthl\t"np who has. been discharged, and afte:twarda ,becomes ,on ,his own: application. shall be agp,in entitlEldtoacdisehatgeJ whose estatids Insufficient to pay 70 per Qantum of: the debts: pxoved I1gainst it, unless the assent in writing :of three·fourths in value of his creditors who have proved their claims i,sfiledi l!-tor before the time. of applicatioD: for.diBc4i1rge." It is claimed by the bankrupt that he has never been "discharged" within the meaning of the provision; but I am satisfied he has. The effect of the composition proceedings was to discharge him from all his debts,-as well those in favor of his creditors who were opposed to the composition as of those in favor of it. It is true, the discharge came by operation of law, and as the effect of the composition proceedings, rather than by any formal order of the court. But the result is the same. He was discharged from his.debts, as a result of the bankruptcy proceedings, as certainly as though no compositi()n had taken place, and 'he had. been discharged ,by an order of the court at a later stage of those proceedings. The purpose pf septionH16 is impQse a stricter and additional requisition as a co:radition:ofa in a case when the bank,rnpt coming,in)voluJ1tariIy,and filing, hili petition; has onCl:! befor,e had the:Qenefit.Qi ,the banmrqpt law, and by virtue of it been dischargedfrom his obligations. In auch case. unless he pay 70 percent. oftha proved debts .he nlustobtain the consent of three·fourths in value of
the creditors. i; t The prQvision is a·,reasonable o:ne,and in my
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obtain'a,s, dischl,\rge,dt will be debts by virtue of 'thebankrupt.la.w·· U Th,e applfcaWJn'foJ;diadharge 'is denied.' ", . . ' - :' ,.' , , ., ' . , , ' · ", !
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fn.·."lt,C'a 8., e .. . erethe ,of the If he":now his S800nd disC}ba.J,"ge JrpJ:ll all
NOT CoNct'ciJ BIVE UPON COURTS. .:'1""'" ,if', action'Of the ,patents ,in accepting a sUlTen.der ,and grantillg,/lre"i.ssueof is judicial in, its and presumed correct, but is not conclusive upon the court j but they may always to see whether th'et dig.. , Close a case iIi Which tue 'coillmissionet' has jurisdiction to grant issue; ., f, .' ':' . '. " · (}i,qnt v. (Jali!QfnilJ,(J().}8 0, G. 1340 j 8. C. 4 FED. 'REP:
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S. IMPROVEMli:NT IN PRESERVE CANs 2 RE"lSsUE":'"VI\.1tIANCS RETWEEN RE-IssuE lI<ND' ORiG1NAL LETTERS. , An original in,. p.eser,ve cans, etc., 43,463) manufactured' cOlitaln.cd a 'claim, and that for producipg indelible lettering designs; sheet tin or tinned and sheet iron by a combination of -lithographic or plate the action of heat upon the surfjl,ce of the tin and upon metallic orll.prlnted,ol1- such surfac.e.; the process as described being for print.
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